§682. Definitions

As used in this subchapter, unless the context otherwise indicates, the following
terms have the following meanings. [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]

1.Applicant.
"Applicant" means any person seeking employment from an employer. The term includes
any person using an employment agency's services.

[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]

2.Employee.
"Employee" means a person who is permitted, required or directed by any employer
to engage in any employment for consideration of direct gain or profit. A person
separated from employment while receiving a mandated benefit, including but not limited
to workers' compensation, unemployment compensation and family medical leave, is an
employee for the period the person receives the benefit and for a minimum of 30 days
beyond the termination of the benefit. A person separated from employment while receiving
a nonmandated benefit is an employee for a minimum of 30 days beyond the separation.

A. A full-time employee is an employee who customarily works 30 hours or more each
week. [1995, c. 324, §3 (NEW).]

[
1995, c. 324, §3 (AMD)
.]

3.Employer.
"Employer" means any person, partnership, corporation, association or other legal
entity, public or private, that employs one or more employees. The term also includes
an employment agency.

[
1989, c. 536, §§1, 2 (NEW);
1989, c. 604, §§2, 3 (AFF)
.]

3-A.Medically disqualified.
"Medically disqualified" means that an employee is prohibited by a federal law or
regulation, or any rules adopted by the State's Department of Public Safety that incorporate
any federal laws or regulations related to substance abuse testing for motor carriers,
from continuing in the employee's former employment position due to the result of
a substance abuse test conducted under the federal law or regulation or the Department
of Public Safety rule.

6.Probable cause.
"Probable cause" means a reasonable ground for belief in the existence of facts
that induce a person to believe that an employee may be under the influence of a substance
of abuse, provided that the existence of probable cause may not be based exclusively
on any of the following:

B. Any information tending to indicate that an employee may have possessed or used
a substance of abuse off duty, except when the employee is observed possessing or
ingesting any substance of abuse either while on the employer's premises or in the
proximity of the employer's premises during or immediately before the employee's working
hours; or [1989, c. 536, §§1, 2 (NEW); 1989, c. 604, §§2, 3 (AFF).]

7.Substance abuse test.
"Substance abuse test" means any test procedure designed to take and analyze body
fluids or materials from the body for the purpose of detecting the presence of substances
of abuse. The term does not include tests designed to determine blood-alcohol concentration
levels from a sample of an individual's breath.

A. "Screening test" means an initial substance abuse test performed through the use of
immunoassay technology or a federally recognized substance abuse test, or a test technology of similar or greater accuracy and reliability approved by
the Department of Health and Human Services under rules adopted under section 687,
and that is used as a preliminary step in detecting the presence of substances of
abuse.

(1) A screening test of an applicant's urine or saliva may be performed at the point
of collection through the use of a noninstrumented point of collection test device
approved by the federal Food and Drug Administration. Section 683, subsection 5-A
governs the use of such tests. [2009, c. 133, §1 (AMD).]

B. "Confirmation test" means a 2nd substance abuse test that is used to verify the presence of a substance of abuse indicated by an initial
positive screening test result and is a federally recognized substance abuse test
or is performed through the use of liquid or gas chromatography-mass spectrometry. [2009, c. 133, §1 (AMD).]